The Court of Appeal has dismissed an appeal finding a truck driver solely liable for the serious injuries suffered by a motorcyclist totaling $838,430 in losses. The injury claimant was seriously injured when the motorcycle he was riding collided with the front end of the left-turning transport truck (Ranahan v. Iron Horse Enterprises & Logistics Inc.,2018 BCCA 75)
The judge found the motorcyclist was driving within a reasonable margin of the speed limit and did not in any way contribute to or cause the car accident.
The motorcycle driver sought compensation for pain and suffering, non-pecuniary damages, in the range of $125,000 to $150,000 as he continued to suffer from chronic pain in the chest, collarbone and neck area. Taking into consideration the impact of the injuries on the injury claimant received $145,000 as compensation for his pain and suffering.
The appeal was dismissed by of all three sitting appeal judges.